BINDULAL KALAR Vs. WILLIAM DHRITLAHRE

JUDGEMENT

(1.) This is claimants' appeal seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Korba (for short 'the Tribunal') in Claim Case No. 37/2004, vide award dated 31st July, 2007.

(2.) As against compensation of Rs. 22,14,000/- claimed by the unfortunate parents and minor brother of the deceased-Deepaklal by filing claim application under Section 166 of the Motor Vehicles Act, 1988 for his death in the motor accident on 18-3-2004, the Tribunal has awarded a total sum of Rs. 2,40,000/- along with interest @ 6% per annum from the date of application till its actual payment.

(3.) The Tribunal, on a close scrutiny of the evidence led, held: the accident had occurred due to rash and negligent driving of driver of Hero Honda Motorcycle bearing registration No. C.G. 12-B/6995; deceased-Deepaklal sitting as pillion rider on the motor cycle; died on account of injuries sustained by him in the said accident; respondent No. 2/United India Insurance Company Limited not liable for payment of compensation as the risk of deceased-Deepaklal, sitting as pillion rider on the motorcycle, was not covered under the policy; assessed and awarded Rs. 2,40,000/- as compensation for the death of Deepaklal in the motor accident along with interest @ 6% per annum from the date of application till its actual payment, holding respondent No. 1 liable for payment of compensation.